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9 LES Scandinavia Conference 98 Trend in common Increased IP awareness Knowledge and Intellectual Property are replacing Capital, Buildings and Machinery as the Most Important Company Assets Knowledge and Intellectual Property are replacing Capital, Buildings and Machinery as the Most Important Company Assets

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17 Databases A collection of works, data or other materials which are independent arranged in a systematic OR methodical way individually accessible (in whatever way) A collection of works, data or other materials which are independent arranged in a systematic OR methodical way individually accessible (in whatever way)

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19 Exclusion clauses (as a rule) Computer programmes Musical compilations no substantial investment Recording of audiovisual … works as such Not independent Computer programmes Musical compilations no substantial investment Recording of audiovisual … works as such Not independent

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29 Vague terms to define sui generis rights have caused considerable legal uncertainty Scope of sui generis right was severely curtailed by ECJ ECJs concern (?) new right ( NOT : investment in creation of data (comes precariously close to protecting basic information) BUT only for obtaining, verification or presentation of content Economic impact = unproven Empirical evidence doubts on the usefulness of the right EU database production in 2004 fell to pre-Directive levels ! Vague terms to define sui generis rights have caused considerable legal uncertainty Scope of sui generis right was severely curtailed by ECJ ECJs concern (?) new right ( NOT : investment in creation of data (comes precariously close to protecting basic information) BUT only for obtaining, verification or presentation of content Economic impact = unproven Empirical evidence doubts on the usefulness of the right EU database production in 2004 fell to pre-Directive levels !